# Criminal Justice (Scotland) Act 2016, Section 48: Power of search etc. on arrest


(1) A constable may exercise in relation to a person to whom subsection (2) applies any power of the type described in section 47(2) which the constable would be able to exercise by virtue of a rule of law if the person had been charged with the relevant offence by a constable.
(2) This subsection applies to a person who—
(a) is in police custody having been arrested without a warrant, and
(b) has not, since being arrested, been charged with an offence by a constable.
(3) In subsection (1), “the relevant offence” means the offence in connection with which the person is in police custody.

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Source: https://www.legislation.gov.uk/asp/2016/1/section/48 (the official version)
Page: https://openlegislation.uk/criminal-justice-scotland-act-2016/section-48
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.